Statutory Instrument 1995 No. 702 (C.18) (S.60)

The Local Government etc. (Scotland) Act 1994 (Commencement No.3) Order 1995

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© Crown Copyright 1995

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1995 No. 702 (C.18) (S.60)

LOCAL GOVERNMENT, SCOTLAND

WATER SUPPLY, SCOTLAND

The Local Government etc. (Scotland) Act 1994 (Commencement No.3) Order 1995

The Secretary of State, in exercise of the powers conferred on him by section 184 of the Local Government etc. (Scotland) Act 1994^[1] and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation
    1.—(1)  This Order may be cited as the Local Government etc. (Scotland) Act 1994 (Commencement No.3) Order 1995.

    (2)  In this Order, "the Act" means the Local Government etc. (Scotland) Act 1994.

Days appointed
    2.    10th March 1995 is the day appointed for the coming into force of the following provisions of the Act:—
 (a) section 91 (transfer of property, rights and liabilities to new authorities);
 (b) section 92 (transfer schemes: general);
 (c) section 93 (preparations for transfer of functions etc. to new authorities);
 (d) section 94 (power to require provision of information and assistance as respects transfer schemes);
 (e) section 95 (supplementary provision as to transfer schemes);
 (f) section 96 (transfer schemes: exemption from stamp duty and stamp duty reserve tax); and
 (g) Schedule 11 (water and sewerage transfer schemes).

    3.    Subject to article 8 below, 1st April 1995 is the day appointed for the coming into force of the following provisions of the Act:—
 (a) section 164(1) and (2) (power of authorities to incur expenditure not otherwise authorised);
 (b) section 168 (Direct Labour Organisation/Direct Services Organisation Accounts);
 (c) section 180, so far as it relates to the provisions of Schedules 13 and 14 to the Act specified in paragraphs (d) and (e) below;
 (d) in Schedule 13 (minor and consequential amendments)—
 (i) paragraph 72(1) and (2); and
 (ii) paragraph 92(25); and
 (e) the repeals in Schedule 14 to the Act specified in Schedule 1 to this Order.

    4.—(1)  Subject to paragraph (2) and article 7 below, 6th April 1995 is the day appointed for the coming into force of the provisions of the Act specified in Schedule 2 to this Order.

    (2)  The commencement of section 127(1) of the Act by paragraph (1) above shall not extend to—
 (a) the transfer of functions referred to therein; or
 (b) the provision that section 36(1) of the Social Work (Scotland) Act 1968^[2] shall cease to have effect.

    5.—(1)  Subject to paragraph (2) below, 1st August 1995 is the day appointed for the coming into force of section 58 of the Act.

    (2)  The commencement of section 58 by virtue of paragraph (1) above is only for the purpose of enabling a new local authority to enter into an agreement thereunder with any other new local authority for the carrying out of an activity or service on and after 1st April 1996.

    (3)  In this article, "new local authority" means—
 (a) a council in respect of which an ordinary election of councillors takes place on 6th April 1995 in terms of section 5(2) of the Act;
 (b) an Islands Council;
 (c) a residuary body; and
 (d) a joint board.

    6.    1st April 1996 is the day appointed for the coming into force of the following provisions of the Act:—
 (a) section 20 (joint committees and joint boards);
 (b) section 33 (structure plans);
 (c) section 52 (Tweed Fisheries Commissioners); and
 (d) Schedule 6 (New Schedule 1 to the Tweed Fisheries Act 1969^[3]).

Saving and transitional provision
    7.    The amendments made to sections 36 and 38 of the Fire Services Act 1947^[4] by section 147(5) and (6) of the Local Government (Scotland) Act 1973^[5] shall, notwithstanding the commencement of section 36 of the Act by virtue of article 4(1) above, continue to have effect.

    8.    A DLO reserve fund established by a local authority under paragraph 22(1)(c) of Schedule 3 to the Local Government (Scotland) Act 1975^[6] which is in existence on 31st March 1995 shall be treated for all purposes as if it were a DLO/DSO fund established by that authority at 1st April 1995 under section 15A of the said Act of 1975, inserted by section 168 of the Act and commenced by virtue of article 3 above.

George Kynoch

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

8th March 1995

[1] 1994 c. 39. back

[2] 1968 c. 49. back

[3] 1969 c.xxiv. back

[4] 1947 c. 41; section 36 was also amended by the Water (Scotland) Act 1980 (c. 45), Schedule 10; section 38 was also amended by the Roads (Scotland) Act 1984 (c. 54), Schedule 9, paragraph 34(5) and by the New Roads and Street Works Act 1991 (c. 22); Schedule 8, paragraph 99(3). back

[5] 1973 c. 65. back

[6] 1975 c. 30. Paragraph 22(1)(c) of Schedule 3 was inserted by the Local Government Act 1988 (c. 9), Schedule 6, paragraph 11(2)(b). back

Explanatory Note